The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1887-09-23

preecribee that the rails must DC iaiu
in euch manner as not to obstruct car
riage travel, and cause the track 70
conform 10 the grade of the roads, AGA
shall keep the surface OF such ROADS
inside Of the railr, aud for two feet
outside on each side thereof, 10 good
order aud repair. Under these and
other G garter re- u atoms the company
was organic d, laid Its tracks and De-
gan to operate cars.
The Tsxiug District then alleges
that the raj road company, by various
acts of u,euse and abuse oil ite corpo'
rae powers d franchises, and by va
Iious failure, and refusals to perform
its corp ,rste obligations, has So tIected
its CT after to right on the part OF me
State TO forfeit the came, and that tne
same on hit to be adjud9ed and de-
creed to be recalled and forfeited. Inc
abuse Of powers and privileges are set
forth as follows:
/. Instead OF the cent fare
establishes by the act OF incorpora
ton, the company, from 1867 to about
1874, charged 10 cents, whereby q
very large sum Of money was illegally
and wron7fully txtorted from those
who, by choice or necessity, patronized
the street cars.
2. The provisions OF the act
requiring the road to be constructed
on the most approved plan, not to OBJ.
struct carriage travel, and to conform
to the grade Of the roads, have been for
many years past persistently and con-
tlnually violated. The rails in use on
Bsale, Poplar, Laudeidsle, the north
and south ends OF Main street, and on
Fifth street, are OF the kind known 81
the u rail, about one and one half oil
two iaches In height, and 30 laid thai
the whole height OF the rail is above
the surface Of the street, presenting
serious obstruction to the use oil the
, street by the general public for Car
, risge travel. II is difficult TO eros
,, said track at right sngles and slowly
To cross them at acute angles, or Il
. exnicate wheels that once get within
the tracks, Is altogether imprl cite able
Z without great wrepchipg OF an,
! strain upon the whees 8. Even on tn
best Of the company's track tn
rails are laid on etrip gers
a mode Ct construction that HIS lon
2 siuce been abandoned by first elias
1 street car companies The compan,
:, has no. yard OF track constructed o.
J. IL Q most approved plan. The amour
y of injury and damage done by thee
u tracks to vehicles 10 beyond estimat'
Q The tracks do not conform to tn
street grades, the entire rail beip
10 above the surface, ard beside, is unf
o for nee In street railroad. Were tn
10 tracks O single degree worse the Cal
themselves could not be run ovs
y them. The plan OF construction 10 {
10 thecrudest, most different chaiacte
10 and ought not to be tolerated In an
y city. The rail, fit only to he Gel
II demned, 10 laid On two.ireh plank lai
?, trsnsyersely, and In many places to
a planks are laid on the natural soil ,
9 the road way, unsupported by strineel
IL or sleepers. In conss quence OF tn
d they become warped and loose, II
10 rails become bent and disconnects,
Il and continuity OF the track broken,
j. that the cars roll and pitch 10 the II
10 convenience aud, in some instances
D. injury Of the passengers. This cond
II ton Of things has ex sted for five, u
D. and fifteen years past, the perio'
D. varying on the different streets.
he 8 The eighth sestion Of u
IN charter, providing for keeping Il
e. surface In so,d order, has been .
IL psatedly and for years violated.
ge has always denied It's obligation az
Id refused 10 lay new pavement. II b
O. occupied and worn out The pavemei
10 laid by the city NJ great expense, NJ
81 has refused Co replace them. III
Isf Poplar street Nicholson pavemer
av laid In 1868, was Immediately tax,
posf essioD OF by the company, wi
ed used an old and condemned u "a
10 Between the tracks TIE pavement b
10 for years pest been completely wo
he out. Tbs city has reps a,edly propos,
&c 10 Iepsve the street II the compal
lls would pave within its tracks and "
feet outside, bu' II has persisiently !
tn fused, and also refused 10 recogni
m. It's obligation 10 any extent whatev
nj to replscs the pavement. IL has, fro
be time to time, a. the pavement VIC
cd completely away, substituted plnn
~ Lid traDsversely and with no, or an
TN adequate, sabsiructure, 80 that /
track 10 q nuisance abou, viii
the residents Of the city ha
ed loudly complained for ma
do wears past. Main sbes,, with
on Nicholson pavement laid Ia lsl
an was also taken possession Of by {
nm CONS any with double track, and {
a pavement worn oct. The city paw
mt Ii with stone, but the railroad Co
'o pauy positively refused TO stand a
ns part OF the expense OF paving.
a short, the company, since 1868, b
O0 occupied with lie tracks about eig
NO TO ten miles Of the paved streets
va the city; within lie tracks IL has, me
to than the entire public, WON the pa
aet ment out, and IL has always refused
contribute anything whatever towai
replacing the worn out material OF /
pavements.
4. The city further avep that /
railroad company wholly failed